Big protest in D.C. on January 6th. Be there, will be wild!
President Donald Trump is calling for "wild" protests to occur in the nation's capital on January 6, the final date on which he and his most hard-line Republican allies hope to overturn Joe Biden's victory.
It is largely expected that authorities will attempt to limit and regulate these protests, sighting health concerns and regulations, if you plan on attending an event on January 6, it is worth familiarizing yourself with your rights, and there is no better place to turn to for Guidelines than the successful Black Lives Matter movement and lockdown protests during 2020.
The American Civil Liberties Union (ACLU) publishes detailed guides to protesting and your rights on their website, from basic to very detailed guides. https://www.aclu.org/
When protests broke out against the coronavirus lockdown, many public health experts were quick to warn about spreading the virus. When protests broke out after George Floyd's death, some of the same experts embraced the protests. That's led to charges of double standards among scientists.
Scientists who are seen as changing recommendations based on political and social priorities, however important, risk losing public trust. As was seen when Scientists and Politicians granted right of protest to the Black Lives Matter movement, but shutdown Trump rallies and Churches.
It is important to know your rights before you protest.
What are your rights on January 6, 2021
Whether you're planning on hitting the streets to join a protest in person or simply want to stay informed about your constitutional right to free speech during these trying times, here's an overview of the rights and responsibilities surrounding public assemblies in the United States.
The information contained in this article is for educational and informational purposes only and is not intended as legal advice. Always consult a lawyer or other qualified legal professional regarding any questions you may have about a legal issue or objective.
REMEMBER: Always protest peacefully.
Government can limit protests, but they must play by the rules.
Any attempt to limit free expression must meet three requirements, according to the U.S. Supreme Court in Ward v. Rock Against Racism (1989):
- Any regulation of free speech must be applied equally to all, regardless of their cause or message.
- The government must make any restrictions narrow and limited.
- Those who are prevented from sharing their message must have alternate ways to get the word out.
Religious Gatherings
Religious gatherings have won Supreme Court rulings across the country, confirming religious assemblies are a First Amendment right. As a result many church's and religious organizations are reportedly arranging "Pray for Trump Services” in Washington DC on January 6, 2021.
Here are some of the recent rulings:
- The 9th U.S. Circuit Court of Appeals has ruled that Nevada’s 50-person limit on religious assemblies violates the First Amendment.
- The Supreme Court sided with a California church and declared Gov. Gavin Newsom’s Covid-19 order prohibiting some worship services unconstitutional
- The Supreme Court blocked for now New York's restrictions on attendance at religious worship services in the struggle to contain Covid
- In a speech on Nov. 12, U.S. Supreme Court Justice Samuel Alito declared that many state restrictions designed to curb the Covid-19 pandemic are overreaching and infringing First Amendment freedoms. “The pandemic has resulted in previously unimaginable restrictions on individual liberty,” Alito told the Federalist Society. “It is an indisputable statement of fact, we have never before seen restrictions as severe, extensive and prolonged as those experienced for most of 2020.”
Should you request for a protest permit?
While permits are not usually required. Certain types of events require permits. Generally, these events are:
- A march or parade that does not stay on the sidewalk, and other events that require blocking traffic or street closure
- A large rally requiring the use of sound amplifying devices; or
- A rally at certain designated parks or plazas
Many permit procedures require that the application be filed several weeks in advance of the event. However, the First Amendment prohibits such an advance notice requirement from being used to prevent rallies or demonstrations that are rapid responses to unforeseeable and recent events. Also, many permit ordinances give a lot of discretion to the police or city officials to impose conditions on the event, such as the route of a march or the sound levels of amplification equipment. Such restrictions may violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication with the intended audience. A permit cannot be denied because the event is controversial or will express unpopular views.
Women for America First has filed a permit to hold a demonstration in DC on January 6, the day Congress is expected to confirm that Donald Trump lost the 2020 election. It’s the same group that filed paperwork for the Trump rallies in DC in November and December.
The application says organizers expect 5,000 people and hope to hold their event either at Freedom Plaza or at the Lincoln Memorial. The Park Service traditionally approves applications the week of a proposed event.
Peaceful Public Protest
Assembly remains a potent tool for change. ACLU says, only one American in 10 knows that assembly is one of our First Amendment freedoms.
Protecting public health while preserving the freedoms of speech and assembly is no easy task amid a pandemic. But the Supreme Court has declared that the First Amendment reflects our “profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide-open.”
The power of the states to restrict protests at parks and state capitols is very limited. States can surely violent protests, as the First Amendment protects “the right of the people peaceably to assemble.” But other restrictions must be narrowly tailored to serve a significant government interest.
According to the National Constitution Center, the right to assembly protects nonverbal communication (that is, signs and posters), crowd chants and even the more abstract message that's "conveyed by the very existence of the group" that is protesting. "Petition is the right to ask government at any level to right a wrong or correct a problem," according to the Freedom Forum Institute, a First Amendment advocacy group.
MAGA Car Parade
Show Trump Supporters and Republicans are from all walks of lives and TRUE AMERICANS. Many faces and many origins but we are one. Decorate your cars with flags, pictures, streamers and everything patriotic! One Nation Under God. All Coalitions, Organizations, Republican Candidates, and every American are invited to join.
We will pray together for our President's re-election and country for conservatives. Recognize and Celebrate the various cultural heritages that support conservative values. Dress up with Red, White, and Blue - Come with the commitment to support our President. Stay in the Right hand lane to minimize traffic disruption and publish your route on the day of the Trump Train.
Some MAGA car Parades have reached 30 miles in length, lets see if we can set a world record while practicing social distancing.
Join the MAGA parade as it enters DC and set a world record for the longest caravan.
Black Lives Matter Protests
A lot can be learnt from the Black Lives Matter Movement, and most legal scholars agree that joining a public protest is a fundamental right in the US, guaranteed by the First Amendment to the US Constitution. But that right isn't limitless. Exercising it carelessly can lead to physical injury or even arrest.
Gatherings that devolve into violence, theft or destruction of property are very much not protected and could quickly escalate into a confrontation with law enforcement.
Local governments have largely shown deference toward the Black Lives Matter movement, these liberties may not be shown to protests in the capital on January 6, 2021.
It may not look like it when we see protesters face to face with heavily armed police, but most cities have done little to prevent the marches. Cities have great latitude under the law to determine the time, place and logistics of protests, but have largely not exercised that authority with the BLM movement. Cities can require demonstration permits and bar protests from blocking traffic, but most recognize that aggressive regulation will only exacerbate tension, between protestors and the government.
Resources and Protesting Guides
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